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ELCDismissedNot stated in the extract (E&L Court at Kericho, Notice of Motion dated 6th March 2019)· [2019] KEELC 3403 (KLR)
Richard Cheruiyot Langat v Joseph Kibisio Kilele -Suing as the legal representative of the estate of Tapnyobi Maiga & another [2019] KEELC 3403 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#A Kenyan court refused to punish a landowner for contempt because blaming him for his nephew's actions wasn't enough proof.
What this practically means
#Executive summary
#This is a ruling of the Environment and Land Court at Kericho (J.M. Onyango J) on the Plaintiff's Notice of Motion dated 6th March 2019 seeking to cite the 1st Respondent, Joseph Kibisio Kilele, for contempt of the status quo order issued on 7th December 2017 and to compel the Respondents to re-construct premises destroyed on land parcel KERICHO/SILIBWET/1428. The Plaintiff alleged that on the night of 24th February 2019 the Defendant destroyed the Plaintiff's house occupied by his tenant, Wesley Sigei, and thereafter blocked Sigei's re-entry. The 1st Respondent denied disobeying the order, which he said he had heard in court, and characterised the application as an abuse of process intended to delay the suit. The court adopted the four elements of civil contempt from Cecil Miller v Jackson Njeru, drawing on authorities including Econet Wireless, Teachers Service Commission v KNUT and Kenya Human Rights Commission v Attorney General. It found the first two elements (clear order and notice) satisfied, but held that breach and deliberateness were not proved, since the person arrested for the offence was Kiplangat Bett, the Respondent's nephew, with no evidence of joint action. The contempt application was dismissed with costs in the cause. However, exercising its case-management discretion, the court directed that Wesley Sigei be allowed to reconstruct and re-occupy the premises pending the hearing and determination of the suit.
Key legal issues
#01
Whether the 1st Respondent was in contempt of the status quo order of 7th December 2017
Holding
No contempt established; the Applicant proved the first two elements only
Reasoning
The court accepted that the status quo order was clear and that the Respondent knew of it. However, evidence of breach and deliberateness was lacking: the person arrested for breaking and stealing was Kiplangat Bett, the Respondent's nephew, and no evidence linked him to the Respondent. The application was therefore dismissed, though the tenant was permitted to reconstruct and re-occupy.
p. 2
Legal principles established
#- Elements of civil contempt: clear and unambiguous order binding on the defendant; knowledge or notice; breach; and deliberate conduct
- Obligation to obey court orders notwithstanding belief in their irregularity
Court orders
#- 1.Application dismissed for lack of merit
- 2.Wesley Sigei allowed to reconstruct and re-occupy the premises pending the hearing and determination of the suit
- 3.Costs of the application in the cause
- Jurisdiction invoked
- Section 6(c), 27(k) of the Contempt of Court Act No. 46 of 2016, section 3A of the Civil Procedure Act and Order 40 Rule 3(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Richard Cheruiyot Langat v Joseph Kibisio Kilele -Suing as the legal representative of the estate of Tapnyobi Maiga & another [2019] KEELC 3403 (KLR)", Case Analysis (2019). Not stated in the extract (E&L Court at Kericho, Notice of Motion dated 6th March 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3403/eng@2019-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.